Legal Question in Personal Injury in California
Is this Libel?
We are in the process of sueing our neighbor. The neighbor has a very large tree on his property. The tree has done tremendous damage to our home to the tune of $35,000+! ie cracked foundation.(which is another whole story)
So instead of the neighbor acting responsibly or going by the ''golden rule'' He has chosen to write letters to our attorney calling us drug dealers, sue happy, saying our house is delapidated, rundown, unkept and we are bringing down the value of surrounding homes in the neighborhood. Which all of this is untrue. He is just trying to discredit us through our attorney.
He has no attorney.
Is this Libel?
Thanks for any help.
3 Answers from Attorneys
Re: Is this Libel?
Even if it were libel [defamation that can be seen as opposed to slander which is oral], what damages have you suffered? Your attorney is not going to say he believed any of what was said. A trier of fact would find your neighbor to be ill tempered and childish, but would not impose anything worthwhile as damage award. Moreover, there is a broad general protection as to what is said in litigation or potential litigation matters. Parties are allowed, so that litigation is not restricted, to call the other side a bunch of liars.
Have your attorney in a very short note tell them that they must stop making such untrue comments as it might open them up to suit, does not resolve the issue of the damages caused by the tree, is irrelevant to the legal issues, etc.
Re: Is this Libel?
Why wouldn't you ask your own attorney this question? Contact me directly.
Re: Is this Libel?
It may be, but it may also be protected by the litigation privilege. This is a discussion you need to have with your current attorney.
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